4.  The applicant was born in 1980 and lives in Słupno.
5.  On 12 February 2001 the Pruszków District Court (Sąd Rejonowy) remanded the applicant in custody until 11 May 2001 in view of the reasonable suspicion that he had committed 5 counts of armed robbery against lorry drivers in an organised armed group of criminals. It also had regard to the likelihood that a severe penalty might be imposed on him and the risk that he might tamper with evidence, especially as some of his accomplices had not yet been apprehended. The court further stressed that, given the applicant’s modus operandi – namely, the repeated nature of the offences in question – there was a risk that, once released, he would commit a similar offence.
6.  In the course of the investigation, the applicant’s detention was prolonged on several occasions. On 10 May 2001 the Płock Regional Court (Sąd Okręgowy) ordered that the applicant be held in custody until 19 August 2001. It held that the investigation concerned several dangerous suspects and that some of them were still at large. The court considered that the applicant’s detention was necessary in order to prevent him from obstructing the investigation. It also had regard to the need to obtain extensive evidence.
7.  On 14 August 2001 the Regional Court prolonged his detention until 19 November 2001. It considered that there was a real risk that the suspects, including the applicant, might obstruct the investigation, having regard to the nature of their criminal activities and the severity of the anticipated penalty. It also referred to the need to collect further evidence. On 13 November 2001 the Płock Regional Court ordered that the applicant be held in custody until 11 February 2002, relying on the same grounds as in its previous decision.
8.  On 6 February 2002 the Lublin Court of Appeal (Sąd Apelacyjny) prolonged the applicant’s detention until 30 March 2002. On 26 March 2002 the Płock Regional Court ordered that the applicant be held in custody until 30 June 2002. In all those decisions the courts reiterated the grounds previously given for the applicant’s detention. They added that that measure was necessary to secure the proper conduct of the proceedings.
9.  On 15 March 2002 the applicant was indicted on the charge of having committed 5 counts of armed robbery in an organised armed group before the Płock Regional Court. The bill of indictment comprised numerous charges brought against 11 accused. It appears that most charges were based on evidence given by a certain X.Y. who had been granted the status of the State’s witness (świadek koronny).
10.  Subsequently, on 16 April 2002, the Płock Regional Court referred the case to the Warsaw Regional Court, holding that that court had jurisdiction to hear the case. On 10 June 2002 the Warsaw Regional Court disagreed and referred the case to the Warsaw Court of Appeal, in order to obtain a ruling as to which court was competent to deal with it. On 5 July 2002 the Court of Appeal ordered that the case be heard by the Płock Regional Court.
11.  On 10 June 2002 the Warsaw Regional Court prolonged the applicant’s detention until 30 September 2002. It relied on the reasonable suspicion that the applicant had committed the offences in question. In addition, it held that the prolongation of the applicant’s detention was justified under Article 258 § 2 of the Code of Criminal Procedure. In this respect, the Regional Court observed that the likelihood of a severe penalty being imposed on the applicant might induce him to obstruct the proceedings. In its view, the continued detention was the most effective preventive measure which would secure the proper conduct of the proceedings.
12.  On 17 September 2002 the Płock Regional Court ordered that the applicant be kept in custody until 12 February 2003, the date on which his detention was to reach the statutory time-limit of 2 years for pre-trial detention, laid down in Article 263 § 3 of the Code of Criminal Procedure. Consequently, further prolongation of the applicant’s detention was ordered by the Warsaw Court of Appeal.
13.  The trial started on 28 October 2002. Between the latter date and 15 November 2004 the Regional Court held 89 hearings. On average, it listed 6-8 hearings monthly. Evidence from X.Y. was heard at 20 hearings since he frequently changed his testimony.
14.  During the trial the Court of Appeal prolonged the applicant’s detention several times. The relevant decisions were given on 7 February 2003 (prolonging his detention until 12 April 2003), on 8 April 2003 (extending his detention up to 12 July 2003), on 11 July 2003 (ordering his continued detention until 12 October 2003), on 7 October 2003 (prolonging that period until 12 January 2004), on 19 December 2003 (extending his detention up to 12 April 2004), on 8 April 2004 (ordering his continued detention until 12 July 2004), on 9 July 2004 (prolonging his detention until 12 October 2004) and on 5 October 2004 (extending that period until 12 January 2005).
15.  In all those decisions the Court of Appeal reiterated the grounds previously given for holding the applicant in custody. It also relied on the particular complexity of the case.
16.  In its decision of 7 October 2003, the Warsaw Court of Appeal held that the applicant’s detention was justified under Article 258 § 2 of the Code of Criminal Procedure. That provision established a presumption to the effect that the likelihood of a severe penalty being imposed on the applicant might induce him to obstruct the proceedings. The court further considered that the risk of obstructing the proceedings had also been justified by reference to the nature of the offences at issue. The presumption established by Article 258 § 2 of the Code of Criminal procedure was also relied on by the Court of Appeal in its decision of 9 July 2004.
17.  During the proceedings the applicant made numerous but so far unsuccessful applications for release and appealed, likewise unsuccessfully, against the decisions extending his detention. He contested the reasoning for the charge against him and maintained that it was solely founded on unreliable and contradictory evidence from X.Y.
18.  It appears that the applicant is still in pre-trial detention.